Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3602 of 2020 Arising Out of PS. Case No.-341 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Amar Kumar Son of Dinesh Sah Resident of Village - Ward No.39, Bishnupur, Bishunpur, Mirzapur, Banduar, P.s.- Cheria- Bariarpur, Distt.- Begusarai.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. S. K. Lal, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Town P.S. Case No. 341 of 2019 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been made accused in this case on the basis of disclosure made by the apprehended accused. It is further submitted that except the disclosure made by apprehended accused, there is no material to connect the petitioner with the alleged offence. It is further submitted that the petitioner has been made accused in a case of similar nature by the Police showing his name in the confession of co-accused. Learned APP has opposed the prayer of anticipatory

Patna High Court CR. MISC. No.3602 of 2020(2) dt.21-01-2020 2/3 bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that save and except the statement of apprehended accused that the petitioner was also involved, there is no material to connect him in the present case, there is no recovery of any stolen article from the house of this petitioner and further submission that in a case of similar nature the Police has implicated this petitioner in the same manner on the basis of confessional statement, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Town P.S. Case No. 341 of 2019 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.3602 of 2020(2) dt.21-01-2020 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T